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Three laws in Montana restricting abortion rights, including a ban on abortions after 20 weeks, have been struck down by the courts as unconstitutional.
District Court Judge Kurt Krueger wrote in his ruling that the rule seeks to impose severe burdens on abortion access without clear justification or credible evidence.
The law passed by the Montana Legislature in 2021 would ban abortions at 20 weeks, prohibit doctors from prescribing medication abortions through telehealth services, require a 24-hour waiting period for medication abortions, and require doctors to obtain an ultrasound before doing so. They would have asked you to provide testing. abortion.
The law was blocked by a preliminary injunction granted in October 2021. According to the court's ruling, the law cannot be enforced.
Kruger's decision cited a 1999 Montana Supreme Court ruling that found the constitutional right to privacy protects access to low-viability abortions. The state's high court reaffirmed that precedent in a ruling last spring.
“The state is committed to protecting the health and safety of women and fetuses,” said Austin Knudsen, a spokesman for Montana Attorney General. He said he plans to appeal the ruling to the Montana Supreme Court.
Republicans in state legislatures continue to push for restrictions on abortion access.
Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America, called Thursday's ruling an important victory.
“As we celebrate today, we will build on this victory and continue to fight for equitable abortion access in Montana and beyond,” McGill said in a statement. “Montana will remain a critical access point for those seeking abortion in the Western Rockies. “He said. .
More anti-abortion laws face the courts in Montana, including six bills in the 2023 legislative session. All anti-abortion rights restrictions, except those requiring parental notification for patients under 15 years of age, have been blocked by the court while the case proceeds.